linda,

IT APPEARS OHIO IS FIGHTING THE N.HOMES LOBBYIST. I COULD BE
MISINTERPRETING THE CUTS. i AM SURE OTHER OHIOIANS HAVE READ ABOUT
MEDICAID AND MEDICARE CUTE THIS PAST WEEK.
PLEASE SEND ME DETAILS.
SINCERELY,
NANCY M.

Linda J Herman wrote:
>
> Dear list members,
> This is my final report on the FamiliesUSA conference. As I  wrote
> before, although these are not strictly PD issues,  I believe they are
> important to all Americans living with chronic  illness and disabilities,
> and could affect any of us now or in the future.
>
> Workshop : Olmstead update : How States are Expanding Home and
> Community-Based Care. Speakers were:
> Claudia Schlosberg: DHHS Office for Civil Rights.
> Kirsten Dunham,  Missoui OLmstead StakeHolders group
>
> Background on Olmstead Supreme Court Decision 1999
>
> Olmstead v. L.C. and E.W., 119 S.Ct. 2176 (1999) found the denial of
> community placements to individuals with disabilities is segregation -
> that Congress sought to eliminate in passing the Americans with
> Disabilities Act (ADA).
> The Supreme Court noted that unnecessary segregation and
> institutionalization constitute discrimination and violate the ADA's
> "integration mandate" unless certain defenses are established.
>
> Additionally on November 26, 1999, the U.S. District Court for the
> District of Hawaii issued a decision in Makin v. Hawaii, (a class action
> brought on behalf of individuals with Mental Retardation living at home
> without appropriate services,)that the integration mandate of Title II
> applies to persons at risk of institutionalization and not only to those
> already institutionalized.
>
> Overview of workshop:
>  - Failure of states to provide community services to disabled is illegal
> discrimination under ADA.
>  - Integration is mandated. Civil right to treatment in the community,
> but it must be appropriate and require reasonable accommodations.
>  - Changes to Medicaid are needed -- currently promotes nursing homes
> over community care. It is up to each state to comply with Olmstead
> decision. So far:
>      --Only 12 governors have issued executive orders requiring their
> Social services agencies to plan for compliance.
>      -- Only 17 states are currently developing plans.
>
> - 225 Olmstead complaints were filed with the US Office of Civil Rights
> so far.
>
> - New federal grant money is available for states to bring their Medicaid
> programs into compliance with Olmstead. Among them are :
>
> Real Choice Systems Change Grants:  to promote the design and delivery of
> home and community-based services that support  individuals with a
> disability or chronic illness to live and participate in their
> communities. $50 million available for this initiative.
> Community-Based Attendant Services with Consumer Control: Grants totaling
> $5-8 million will be available in 2001 to support State efforts to
> improve community-based personal assistance services that are designed to
> ensure that people who have a disability or chronic illness have maximum
> control over their lives.
>
> Kirsten Dunham from the Missoui OLmstead StakeHolders group reported on
> the progress made in Missouri, which seems light-years ahead of other
> states. (Jeanette, you should be proud! :) Among their accomplishments:
>  - formation of an advocacy group (Missoui OLmstead StakeHolders) which
> worked with state agencies and legislators to gather info. on Medicaid
> policies and devised an Olmstead implementation plan.
> - Gov. Mel Carnahan issued an Executive Order establishing a HJOme and
> Community-Based Services and Consumer-Directed Care Commission.
> - Olmstead language was incorporated in Missouri's Social Services Budget
> bill
> -- A final report and recommendations for "Improving Missouri's Delivery
> System for Persons with Disabilities" was issued in Dec. 2000. They are
> working now on trying to implement the recommendations.
>
> For more info:
> For Complaints : There is a Olmstead contact person in each Regional
> Office of Civil Rights, US Dept. of Justice.
> web sites:
> Olmstead advocacy -See http://www.protectionandadvocacy.com/lcolmste.html
>
> Center for Health Care Strategies http://www.chcs.org/
>
> ADA/Olmstead website at
> http://www.hcfa.gov/medicaid/olmstead/olmshome.htm.
>
> A Primer for Ways Medicaid may Assist with Home and Community Based
> Services is available online at http://aspe.hhs.gov/daltcp/whatsnew.htm.
>
> If anyone would like more detailed info -- let me know.
> Linda